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BRYCE v. WILDE

39 A.D.2d 291 (1972)

D. Wallace Bryce, Appellant-Respondent, v. Leslie L. Wilde et al., Defendants; Samuel Bloom, Respondent, and John Karl, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 6, 1972.

Attorney(s) appearing for the Case

Lee, LeForestier & Frost (Jerome K. Frost of counsel), for appellant-respondent.

Wager, Taylor, Howd & Brearton (John P. Taylor of counsel), for respondent and respondent-appellant.

COOKE and REYNOLDS, JJ., concur with KANE, J.; GREENBLOTT, J. P., and SIMONS, J., dissent and vote to reverse in an opinion by SIMONS, J.

KANE, J.

These are cross appeals from an order of the Supreme Court, entered in Rensselaer County, upon a decision of the court at Trial Term and from the judgment entered thereon.

Plaintiff Bryce, a real estate broker, entered into an oral agreement with defendants Wilde to sell their 15-unit apartment house in the City of Troy. The broker accepted the listing as nonexclusive and fixed the sale price...

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